andy124 Asked January 2021
My Grandmother wants to transfer her house to us when she dies but my Grandmother says that the house is not in her name? Is that possible?
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My grandmother inherited the house from her mother, but never changed over the title to her name. Basically when she pays the property tax every year, the bill is sent to her late mother. I honestly don't know how she got away with paying a dead persons bill for so long. Is it still possible for us to even receive the house or would my grandma have to put the house in her name somehow?
Any advice will be greatly appreciated!!
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First get a copy of the title details. It’s just possible that the house was in joint names for Great Grandma and Grandma in which case Grandma would have inherited automatically. It’s also possible that the house was in the joint names of GGM and Great Grand Father, in which case you need GGF’s paperwork too. If the house is in Great Grandma’s sole name, here the paperwork you need would be GGM’s will and probate showing that GGM left the house to GM. If GGM left a will but no probate (possible if the house was the only substantial asset), then probate would probably be needed even if it is very late. If there was no will, then GGM died intestate and intestacy rules apply (and here might include rights for any other children besides GM). These provide proof about whether GM can register the title in her name, and then make her own will to leave it as she wishes.
That’s complicated enough without considering US tax and Medicaid implications. You can surely see that you need a local lawyer! This one is a real doozy!
If all grandma intends to do is leave the house to family when she dies, which is what the OP says, then there are no Medicaid implications here. Grandma isn’t signing the house over while she is living ;)
Do get this done at once while your Grandmother is able to do it. The house must be put in her name.
The answers will dictate what steps need to be taken to address title. If you don't know how to find that kind of information, look at the tax bill and see if you can find a property description no, known as a Sidwell.
You should also see a brief property description, such as "lot x of (name of subdivision), then name of the county and state. If there's a long description with N, S, E or W directions, and degrees, minutes and seconds, as well as a point of beginning, it's a metes and bounds description as opposed to a lot. That's more complicated to trace title lineage. So, try for the Sidwell first.
Then contact the local county office that records title transfers and ask what documents are recorded for that description, going back to the entity that transferred title to your grandmother, then going forward.
Then post back, and you can get more specific advice on how to proceed.
Also, on what basis are you and your GM assuming that she "inherited" the house? Was it stated in a will?
You can't "receive" the house until the title is clarified, as that will determine what action may or may not have to be taken.
If it's complicated, you could order a title search from a title company, but if you reach that stage, it's better to hire a real estate attorney to trace title.
Now you need to find out how the deed is titled, following the steps I suggested in my first post. You'll also need to know if it's a Warranty or Quit Claim Deed.
The reason why is that sometimes deed holders hold title in their own names, or jointly, with someone they want to have to the property when they die. If that's true, it makes the situation easier.
Are you familiar with the recorder's (or Register of Deeds) office in the county in which your Gram's house is located? If not, let us know the city and/or county in which the house is located. I can help you find online the division with which you need to speak, and guide you through the questions to ask.
And thanks for responding with helpful information. And please feel free to ask about anything I write that you don't understand. I enjoy doing this; it helps me jog my memory back to the days when I was still working.
(If I have time tomorrow I'll get some language of deed titles to help guide you.)
(And thanks to the others here who gave me a nice pat on the back!)
“The untouchable Cali. MASTER BUG EXTERMINATOR. PROUD MARSHALL. Hated by some. Loved by many. I speak the truth, take it or leave it.”
What’s a ‘PROUD MARSHALL? All I could find were Tshirts of varying levels of offensiveness. Information, please?
In my county I can go to the assessors site and find the chain of title. All transactions that have occurred on a specific property.
Just a word of warning. Do not count on inheritance. If grandma needs to go to a nursing home that could easily use up the asset of her home if she needs Medicaid. If she sells the house it must be at fair market value or she will be penalized by Medicaid. Do not count chickens before they are hatched.
I don't even know if they're open at this stage of the pandemic, although I've had no indication that there have been any false filings. One never knows these days though; there are so many scammers stealing id's, especially those of older people who don't monitor credit and liens closely enough.
AARP has been involved in some actions on these issues.